If you accept EBT at your retail store, then you might have been the recipient of a a letter of warning from the USDA. The letter is probably a SNAP violation letter, which is claiming you violated the SNAP program. The government will include proof to the SNAP violation letter, and it will contain transactions that occurred at your store that the USDA is saying violates one or more genres of violations.
After you get a SNAP violation notice, you should contact our law firm. Remember, you have only ten days to respond to the letter. If you don’t respond, the government will suspend your grocery store’s ability to accept EBT payments.
About The SNAP Program
This program helps families with get food each month. These benefits are given through an EBT card. The benefits on this card are not for general usage, and they can’t be used for fraudulent cash back services. The cards took the place of food stamps in the 1990’s and are issued in the state which the SNAP participant lives. This program is operated on a national level by the government.
This federal and it’s parameters are under handled by the US Code and the Code of Federal Regulations. The USDA FNS agency enforces the regulations and runs the program.
What counts as a SNAP violation
Snap violations happen when a grocery store violates any of the following rules.
The retail store took part intrafficking SNAP benefits. Examples of this is fraudulently accepting benefits, or theft of the benefits.
Your retail store took SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted false information on your retail stores application to accept EBT benefits.
The store redeemed more coupons than actual food sales during the same period.
The employees of the store took SNAP benefits from someone who isn’t allowed to use them.
Defending against a SNAP Violation Letter
Spodek Law Group has experience handling SNAP violation letters. We can handle your SNAP Violation appeal in all 3 phases of a SNAP action.
Sending the letter is the initial step which is going to be taken by USDA to remove your right to take EBT benefits. This comes with, or without, prior warnings and can appear at any time. The violation letter will contain allegations, but most letters will lay out violations, with an attachment of details. Your response to the SNAP violation letter is due within 10 days. After you hire our law firm, our lawyers handle all of the communicationswith the USDA and for compiling all the necessary evidence, and drafting a response to the USDA.
Once the USDA reviews your answer to the violation letter, the USDA may still feel that your store has violated the rules. If that happens, the USDA will definitely send another letter that specifically states the governments legal verdict to suspend or disqualify the retail store based on the allegations set forth. You have 10 days to appeal this. If you choose not to, you’ll be unable to protest the USDA decision. After you hire our lawyers, we file the necessary paperwork and notify the government we are going to appeal their decision. Our lawyers collect necessary evidence, and our team will generate the necessary appeals briefs which contains all of the case law, legal evidence, etc. which is necessary to fix the outcome.
In the event the USDA refuses to change the binding decision, in the Administrative Review, our lawyers will file a Judicial review at the local Federal Court. This next phase is like a normal federal court case, where you’ll have to do standard processes like discovery, file motions, and have a trial. Our lawyers can handle these cases in all 50 states.
SNAP Violations
As a grocery store retailer, there’s a lot of rules and regulations you have to adhere to for EBT. In most cases, many retail store owners have no issues adhering to them. However, the SNAP program can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limits on how the funds can be used. For example, people getting SNAP benefits cant purchase electronic goods. If you violate the laws, you’ll probably get a SNAP violation letter. Penalties of violating SNAP can include fines and penalties. If you conduct a major violation, then you may end up with either a permanent or temporary disqualification. In most cases, store owners didn’t even know SNAP violations are even happening. In many situations, it’s dishonest employees are misusing the SNAP program. It’s helpful to consult with a SNAP violation attorney in order to ensure sure you don’t have your benefits revoked.
When a charge letter is delivered to your grocery store, you only have 10 days to respond to the violations. Failure to respond to the allegations will permanently harm your store. If you don’t respond the USDA will make a verdict even though you choose not to respond to the allegations. In the absence of a SNAP violation attorney, you cannot defend your store. Retaining a SNAP violation lawyer gives you the ability to fight for your rights. Our lawyers will discredit the findings of the USDA and appeal any penalties. The financial penalties imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA on purpose imposes large fines to curb violations. The USDA will typically look to see if you have a compliance policy in place. The policy must be in writing and the policy must be at the time the allegations were filed.
The grocery store also be able to prove the compliance policy was in place before the charge, and wasn’t drafted after the violation was made. The USDA typically also looks to check if the retail store owners benefited in any way from the fraud, or if the owners were aware of the fraud. If the managers were involved, it can lead to disqualification.
We highly recommend any owner that gets a allegation letter speak to with a SNAP violation attorney. Choosing not to respond in negative consequences. The USDA is required by Congress to issue a disqualification for a period of up to 5 years. This can result in huge losses which are hard to recover from.
An awesome firm that truly cares about you. I thought I could handle the USDA on my own, but failed. Todd intervened and helped fix my mistakes.
- Denton, CLIENT Denton